I am not an attorney, I am a judgment matchmaking specialist (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in every state. None of my articles can ever be considered legal advice. Whenever you require legal advice or a strategy to use, you should contact a lawyer.
When you start a judgment business, or any business, you will choosing and researching your business name. When your name is (e.g.) Frank Smith, you could register your franksmith domain, and do business with your own name. You could then skip registering a fictitious business name (doing business as) registration. However, most people form a business using another name, (e.g.) JudmgentsRus, and register a fictitious business name application.
If you are not a lawyer, you cannot represent anyone else. If you are a sole proprietor using a DBA, when in court, or when signing court documents related to judgments you own, you need to sign them with your actual name. A DBA is not a separate entity from you.
The primary advantage of signing court papers using your name and your DBA business name, is if you have a catchy fictitious name and you think someone may notice it. This happens much less frequently than you might think. Signing court documents only with your name, saves you time and hassle.
Note that in most states (South Carolina being one exception) corporations and LLCs cannot represent themselves in court. For the majority of judgment recovery businesses, it is usually best to avoid forming a corporate entity.
If you are going to hire a lawyer to represent you or your company in all court matters, or you are part of a collection agency, using or forming a corporate entity might make sense for you.
Forming a corporate entity can be expensive. In California, you must pay the state $800 per year (even if you lose money), and pay an accountant to do your corporate taxes, etc. It is best to check your local county and state laws, and consult with both a lawyer and an accountant, prior to planning or forming a corporate entity that recovers judgments or debts.
Which business name should one use? When you are going to mail letters to judgment debtors when you are assigned judgments, you can't put anything related to judgment collection or debts on the envelope. I manage a judgment-related company, however I do not place my business name on envelopes.
Some data service don't like to see the word judgment in business names. Collection seems to be a better name to them. Also, there are still a few directories that do not have judgment recovery as a category, however collections usually has a category.
Most people starting a judgment enforcement business without a name already, you should consider choosing a business name and domain name that hints about problem solving or solutions, instead of recovery or enforcement. Frank Smith could name his company "FS Services". Many people would rather do business with a company, even a DBA sole proprietor, than only a sole practitioner, doing business under your own name.
It'sIt is not your name, it is what you do with it. What counts is the work you put into marketing your name, and the quality work associated with your name. Some smart people made a company called Google, and now when you think of the word "search", Google comes to mind.
Most businesses much longer to generate a consistent profit, than the person that started the business ever imagined. This is especially true in most judgment enforcement businesses. On the internet, a domain name with words such as judgment or enforcement is probably a good idea. Even if your domain name is JudmgentsrUs.com, you can still do business as FS Action, a DBA of Frank Smith.
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http://www.JudgmentBuy.com - is the best and fastest judgment solution, where Judgments quickly get Purchased or recovered by the very best - matched for your judgment!
Mark Shapiro - Judgment Broker - Free leads for Judgment Enforcers and contingency collection attorneys.
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